Hearing loss decisions — 2019

The Veteran's appeal for higher ratings for his service-connected bilateral hearing loss is being remanded due to unclear audiogram results from private testing. Clarification of the exact puretone thresholds and whether speech discrimination was conducted using the Maryland CNC test is needed.

The Veteran's bilateral hearing loss has worsened since his last VA examination in October 2016, and the Board is remanding the case to obtain updated medical records and schedule a new VA examination.

The Board has vacated its January 31, 2019 remand on the matter of entitlement to service connection for the cause of the Veteran’s death due to lack of participation in VA's RAMP program. The case is now REMANDED for further action.

The Board denied service connection for left hip, left shoulder, low back, bilateral hearing loss, and tinnitus disabilities due to lack of evidence linking these conditions to service.,Service records did not show any symptoms or diagnoses related to the claimed conditions during or immediately after service.

The Veteran's right ear hearing loss disability is attributable to his active service, while the left ear hearing loss disability did not manifest in-service or within one year of service and is not etiologically related to an event, injury, or disease in service.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the evidence did not establish a link between these conditions and military service.

The Veteran's service connection for left ear hearing loss is granted, while his right ear hearing loss claim is denied. The rating for the right shoulder dislocation is restored to 20 percent effective November 14, 2017.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for updated VA treatment records and an examination to assess his ability to work.

The Board has determined that further development is needed for all issues as the remand directives in the August 2018 have not been complied with. The Veteran's claims are being returned to the AOJ for additional development.

The Veteran's appeal for increased ratings for bilateral hearing loss and right inguinal hernia was denied. The Board found that the evidence did not meet the criteria for a higher rating in either case.

The Board has denied service connection for bilateral hearing loss disability due to lack of evidence showing in-service noise exposure. The Veteran's heart, uterine cancer with hysterectomy, follicular non-Hodgkins Lymphoma, skin cancer, and bilateral knee disabilities are pending further examination and evaluation.

The appeal of the Veteran's claim for service connection for bilateral hearing loss has been dismissed. The Board has also remanded his claims for gout, neck disability, and gastroesophageal reflux disease (GERD) and hiatal hernia.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss, finding that it is related to his active service.

The Veteran's service-connected bilateral hearing loss, tinnitus, and major depressive disorder do not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected bilateral hearing loss disability is productive of level I hearing acuity in both ears, resulting in a noncompensable disability rating.

The Veteran's claim for service connection for a bilateral hearing loss disability is denied. The Veteran's sleep apnea disability is granted, and the Veteran is awarded service connection based on direct evidence of in-service incurrence or aggravation. There is no legal basis for an increased rating for tinnitus.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea to include as secondary to PTSD, but denied all other claims due to lack of evidence supporting these conditions. The tinnitus rating remains at 10%.

The Board granted service connection for bilateral hearing loss and tinnitus effective from February 28, 2017. The Veteran's initial claim was received on September 12, 2014, but the appeal process took place after a final denial in February 2015.

The Board has remanded the cases for further development due to inadequate VA examinations and new evidence may be needed.

The Veteran's bilateral hearing loss was initially rated at 30 percent, then increased to 70 percent from November 22, 2016 to January 24, 2018, and finally to 100 percent effective January 24, 2018. Special monthly compensation for deafness of both ears is also granted.